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Poster: patkelley Date: Mar 2, 2007 5:58pm
Forum: GratefulDead Subject: Re: Who wants to help me stop thinking about myself and only myself all of the time?

Someone told me once that in order to have a "legal" (actionable) disability, your condition has to substantially limit a major life activity. People might pity you more if they found out that ADD wasnt one of those. (If they found that out somewhere other than here that would have accurate legal information)

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Poster: Chris Freedom Date: Mar 2, 2007 6:17pm
Forum: GratefulDead Subject: Re: BROTHER WE LOVE YOU!

If you need legal advice contact the ACLU they have always been willing to get folks pointed in the right direction.
You have a Jersey area code they have a staffed office in N.Y.C.


This post was modified by Chris Freedom on 2007-03-03 02:09:14

This post was modified by Chris Freedom on 2007-03-03 02:17:48

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Poster: mickmac Date: Mar 2, 2007 6:31pm
Forum: GratefulDead Subject: Re: BROTHER WE LOVE YOU!

Left a message..hang tough.

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Poster: Liamfinnegan Date: Mar 8, 2007 5:10pm
Forum: GratefulDead Subject: Re: BROTHER WE LOVE YOU!

mic- I did not get the message- but I do have caller ID- can you tell me when you called or from what time zone?

or let me know your number at tom_mack@hotmail.com

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Poster: Liamfinnegan Date: Mar 8, 2007 5:11pm
Forum: GratefulDead Subject: Re: BROTHER WE LOVE YOU!

mic- I did not get the message- but I do have caller ID- can you tell me when you called or from what time zone?

or let me know your number at tom_mack@hotmail.com

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Poster: patkelley Date: Mar 3, 2007 7:33am
Forum: GratefulDead Subject: Re: BROTHER WE LOVE YOU!

I think the ACLU handles almost exclusively Constitutional issues dealing with individual freedoms. Each state, and the federal government have employment discrimination agencies that deal with issues like this. (e.g EEOC, OCRC, etc.)

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Poster: Liamfinnegan Date: Mar 7, 2007 4:57am
Forum: GratefulDead Subject: Re: Who wants to help me stop thinking about myself and only myself all of the time?

I absolutely qualify for the ADA- for psychiatric condition the major life activity must be substantially impaired WITHOUT mitigating factors like medication- if medication CAUSES the limitation on the life activity you do not qualify- the qualification is evaluated absent medication- so before I was being treate I already had a chronic insomnia condition related to the ADD- and case law has determined that an inability to concentrate compared to the average individual IS a major life activity. Would you say an avg of 3 or 4 hours sleep a night is less than the average person?

Going as far back as I remember my attention span and concentration hav been impaired.

But ADA goes further- I must be able to perform the job with or without accomodations- and my sales have shown that I can. My boss will say "Why can't you just pay attention" in a stentorian tone of voice. It is like asking a blind person- why the hell cant you just see?

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Poster: patkelley Date: Mar 7, 2007 1:27pm
Forum: GratefulDead Subject: Re: Who wants to help me stop thinking about myself and only myself all of the time?

I would be amazed if you found an attorney to take your case. ADA cases (or actions filed under its state analogs) are THE most difficult employment discrimination cases to litigate. It's well-settled law in almost every state that the employer's motivation for whatever job action they took had to have been the actual disability to be actionable. In other words, in the hypothetical ADD cases (which I'm still not conceding is a legal disability, but you can do the research on the cases if you want), the successful plaintiff will have been fired because the employer didnt want an ADD person in his company. Not a likely scenario, in my opinion. Furthermore, if it's corrected by medication (or eyeglasses or a prosthetic etc.) it's probably not going to qualify as a disability. Of course, none of this is legal advice in any way and you should consult a licenses attorney in your state if you really feel you have a claim. Maybe they'll know something I dont. But I doubt it.

This post was modified by patkelley on 2007-03-07 21:27:48

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Poster: Liamfinnegan Date: Mar 7, 2007 1:30pm
Forum: GratefulDead Subject: Re: Who wants to help me stop thinking about myself and only myself all of the time?

The goal is not to push the case that far and I would not spend money that foolishly- It is difficult enough to win a basic sex discrimination case nevermind a psychiatric condition under the ADA or The Civil Rights Act of 1964 or the Rehabilitation act of 1972. Of this I am well aware.

No ADHD plaintiff has ever been able to prove that the proffered explanation from the employer regardiing a dismissal, or lack of promotion, or other punitive action, was pretextual to the intention to violate the employee's civil rights

I have an employment contract and the goal is not to litigate but to position myself to arbitrate a severance package, and to get something for my releasing them from all possible claims.

In the ADHD cases to date, however, it is well established law that the condition IS without a doubt a disability that is protected, as long as the plaintiff is qualified, and can perform the essential functions of the job with or without accomodation. Many Employers have given ADHD employees the necessary accomodations.

Pat- I know what you do for a living so I appreciate your opinion, but your position just goes to prove how difficult it is for Ghost and myself in this world- I am quite certain I have not made up a disease as I can trace the disorder back 4 generations. But intelligent folks- deadhead folks even, close the door before we even have a chance to say- Hey, we lack the necessary levels of dopamine to sit still and concentrate.

There is well established law that the disorder is a qualified disorder and a recognized one- yet still intelligent folk think we have an "urban legend" disease. I would not wish my condition on my worst enemy when it is not under control. One day at a time, today it is.

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Poster: patkelley Date: Mar 7, 2007 2:02pm
Forum: GratefulDead Subject: Re: Who wants to help me stop thinking about myself and only myself all of the time?

I hope it all works out for you. And I dont think that you've made anything up at all. Out of sheer interest I just did 26 minutes of free research and I cant find any cases in which an ADHD plaintiff survived whats called summary judgment. It's a question of fact (for the jury) to decide if an individual's impairment is a legal disability. So in other words (you probably know this) there isnt a list of qualifying injuries or disabilities that automatically apply and entitle people to relief. Plus Im positive that when conditions are corrected by meds, they're no longer legal disabilities. I'm really not trying to argue this in a contentious way at all. I know it sucks and is frustrating, but I wouldnt want you to have unrealistic expectations, particularly if you have some type of dispute resolution clause in your contract.